[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Notices]
[Pages 1520-1522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-694]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-254 and 50-265]


Exelon Generation Company, LLC and MidAmerican Energy Company; 
Notice of Consideration of Issuance of Amendment to Facility Operating 
License, Proposed No Significant HazardsConsideration Determination, 
and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DAR-29 and DAR-30 issued to Exelon Generation Company, LLC, and 
MidAmerican Energy Company (the licensee) for operation of the Quad 
Cities Nuclear Power Station, Units 1 and 2, located in Rock Island 
County, Illinois.
    The proposed amendment would revise technical specification section 
3.3.1.1, ``Reactor Protection System Instrumentation,'' to modify the 
description for Reactor Protection System (RPS) Function 7.a, ``Scram 
Discharge Volume Water Level--High.'' This change supports a planned 
upgrade to the scram discharge volume level instrumentation from Fluid 
Components International thermal switches to Magnetrol float switches. 
These float switches are more reliable than the existing thermal 
switches, which are highly sensitive to a steam environment, since they 
respond to actual water level increases within the scram discharge 
volume. These types of Magnetrol float switches are used successfully 
in various applications at Quad Cities.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Section 50.92, this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

Does the Proposed Change Involve a Significant Increase in the 
Probability or Consequences of an Accident Previously Evaluated?

    During the upcoming refueling outages at Quad Cities Nuclear 
Power Station (QCNPS), a design change will be implemented that 
upgrades the existing Scram Discharge Water Level--High 
instrumentation from thermal switches to float switches. Float 
switches are a proven technology that provide a more reliable 
measurement than existing equipment. Float switches are used in 
various applications at QCNPS, including the Emergency Core Cooling 
Systems instrumentation for Suppression Pool Water Level High 
function.
    TS requirements that govern operability or routine testing of 
plant instruments are not

[[Page 1521]]

initiators of any analyzed event because these instruments are 
intended to prevent, detect, or mitigate accidents. Therefore, this 
proposed change will not involve an increase in the probability of 
occurrence of an accident previously evaluated. Additionally, the 
proposed change will not increase the consequences of an accident 
previously evaluated because the proposed change does not adversely 
impact structures, systems, or components (SSCs). The planned 
instrument upgrade results in a more reliable design than existing 
equipment. The proposed change maintains existing requirements that 
ensure components are operable when necessary for the prevention or 
mitigation of accidents or transients. Furthermore, there will be no 
change in the types or significant increase in the amounts of any 
effluents released offsite. For these reasons, the proposed changes 
do not involve a significant increase in the probability or 
consequences of an accident previously evaluated.

Does the Proposed Change Create the Possibility of a New or 
Different Kind of Accident From Any Accident Previously Evaluated?

    The proposed change supports a planned instrumentation upgrade 
and does not alter surveillance requirements required to ensure 
operability. The proposed change does not adversely impact the 
manner in which the SDV will operate under normal, abnormal, and 
accident conditions. There is no change being made to the parameters 
within which QCNPS is operated. There are no setpoints at which 
protective or mitigative actions are initiated that are affected by 
the proposed change. This proposed change will not alter the manner 
in which equipment operation is initiated nor will the function 
demands on credited equipment be changed. No alteration in the 
procedures, which ensure QCNPS remains within analyzed limits, is 
proposed, and no change is being made to procedures relied upon to 
respond to an off-normal event. Therefore, this proposed change 
provides an equivalent level of safety. The proposed change in 
methods governing normal plant operation are consistent with the 
current safety analysis assumptions. Therefore, this proposed change 
will not create the possibility of a new or different kind of 
accident from any accident previously evaluated.

Does the Proposed Change Involve a Significant Reduction in a 
Margin of Safety?

    Margins of safety are established in the design of components, 
the configuration of components to meet certain performance 
parameters, and in the establishment of setpoints to initiate alarms 
or actions. The proposed change supports a planned instrumentation 
upgrade. The proposed change does not affect the probability of 
failure or availability of the affected instrumentation. The change 
to float switches for the Scram Discharge Volume Water Level--High 
RPS Sub-Function 7.a provides for increased reliability that aligns 
with that of similar instrumentation. Therefore, it is concluded 
that the proposed changes will not result in a significant reduction 
in the margin of safety.
    Therefore, based upon the above evaluation, EGC has concluded 
that these changes involve no significant hazards consideration.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 30-day notice period. However, should circumstances 
change during the notice period such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 30-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance and provide for opportunity for a hearing 
after issuance. The Commission expects that the need to take this 
action will occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, and should cite the publication date and page number of 
this Federal Register notice. Written comments may also be delivered to 
Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By February 10, 2002, the licensee may file a request for a hearing 
with respect to issuance of the amendment to the subject facility 
operating license and any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
must file a written request for a hearing and a petition for leave to 
intervene. Requests for a hearing and a petition for leave to intervene 
shall be filed in accordance with the Commission's ``Rules of Practice 
for Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested 
persons should consult a current copy of 10 CFR 2.714, which is 
available at the Commission's Public Document Room, located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr/. If there are problems in 
accessing the document, contact the Public Document Room Reference 
staff at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected]. If 
a request for a hearing or petition for leave to intervene is filed by 
the above date, the Commission or an Atomic Safety and Licensing Board, 
designated by the Commission or by the Chairman of the Atomic Safety 
and Licensing Board Panel, will rule on the request and/or petition; 
and the Secretary or the designated Atomic Safety and Licensing Board 
will issue a notice of hearing or an appropriate order.
    As required by 10 CFR 2.714, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following factors: (1) The nature of the petitioner's right under the 
Act to be made party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the

[[Page 1522]]

contentions which are sought to be litigated in the matter. Each 
contention must consist of a specific statement of the issue of law or 
fact to be raised or controverted. In addition, the petitioner shall 
provide a brief explanation of the bases of the contention and a 
concise statement of the alleged facts or expert opinion which support 
the contention and on which the petitioner intends to rely in proving 
the contention at the hearing. The petitioner must also provide 
references to those specific sources and documents of which the 
petitioner is aware and on which the petitioner intends to rely to 
establish those facts or expert opinion. Petitioner must provide 
sufficient information to show that a genuine dispute exists with the 
applicant on a material issue of law or fact. Contentions shall be 
limited to matters within the scope of the amendment under 
consideration. The contention must be one which, if proven, would 
entitle the petitioner to relief. A petitioner who fails to file such a 
supplement which satisfies these requirements with respect to at least 
one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing, including the opportunity to present evidence and cross-
examine witnesses.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held.
    If the final determination is that the amendment request involves 
no significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any amendment.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, by the above date. A copy of the 
petition should also be sent to the Office of the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Edward 
J. Cullen Jr., Vice President and General Counsel, Exelon Generation 
Company, LLC, 300 Exelon Way, Kennett Square, PA 19348, attorney for 
the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated [date], which is available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records will be accessible from the 
Agencywide Documents Access and Management System (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS, should contact the NRC Public Document Room Reference staff by 
telephone at 1-800-397-4209, 301-415-4737 or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 8th day of January 2002.

    For the Nuclear Regulatory Commission.
George F. Dick, Jr.,
 Project Manager, Section 2, Project Directorate 3, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 02-694 Filed 1-10-02; 8:45 am]
BILLING CODE 7590-01-P